Press Conference by Special Rapporteur on Human Rights in Myanmar 23.10.

09 15:56

22 October 2009

Press Conference
Department of Public Information • News and Media Division • New York

PRESS CONFERENCE BY SPECIAL RAPPORTEUR ON HUMAN RIGHTS IN MYANMAR

The human rights situation in Myanmar remained alarming, with a pattern of widespread and
systematic violations that prevailing impunity allowed to continue, the Special Rapporteur on the
situation of human rights in Myanmar said today.

During a Headquarters press conference today, Tomás Ojea Quintana described the findings
and recommendations on a range of critical human rights issues in Myanmar. Mandated by the
Human Rights Council, Special Rapporteurs are independent, but work under the auspices of the
United Nations.

Mr. Quintana noted that his report to the Assembly’s Third Committee (Social, Humanitarian
and Cultural) addressed the continued detention of Aung San Suu Kyi and other prisoners of
conscience, fair trial and detention conditions, issues of free assembly and association, as well as
situation of civilians affected by armed conflict in some areas of the country. (See Press Release
GA/SHC/3957.)

He opened the press conference with the issue of national elections, which are scheduled for
next year. He had told the Myanmar Government that the elections should be fair and transparent
and that freedom of speech and freedom of association should be guaranteed. All prisoners of
conscience had to be released prior to the elections.

In general terms, it was his assessment that the human rights situation in Myanmar remained
alarming. He had urged the Government to take prompt measures to establish accountability and
responsibility regarding widespread and systematic human rights violations. Referring to starvation
and reports of dire socio-economic conditions in many parts of the country, he had also asked the
Government and the international community to find solutions to eradicate poverty.

Mr. Quintana went on to outline his recommendations to the Government, which concerned:
the release of all prisoners of conscience; review and reform of national legislation, which was not in
compliance with international human rights standards; reform of the judiciary to assure independence
and impartiality; and reform of the military, which needed to respect international humanitarian law in
conflict areas, as well as the rights of civilians.

Asked about the Secretary-General’s efforts in Myanmar, he said that there was wide concern
about the fact that there had been little progress in ensuring respect of human rights in the country.
He believed in continuing to engage the Government, and the Secretary-General’s decision to do that
was positive. In his opinion, the Secretary-General’s first mission to Myanmar was very positive in
terms of recovery after Cyclone Nargis. Following that visit, the Government had decided to establish
a tripartite core group with the Association of South-East Asian Nations (ASEAN) and the United
Nations, which had dealt with the situation very efficiently.

Describing his visits to Myanmar in response to several questions, he said that he had
undertaken his first mission in August 2008, soon after he had received his mandate. His second
mission had taken place in February. The report presented to the Third Committee today was the
second such survey, the first one having been presented to the Security Council earlier in 2009.
During his visits, he had met with several prisoners of conscience in private, with his own United
Nations interpreter. He had also requested meetings with Ms. Aung San Suu Kyi, but the Government
had not granted those requests.

http://www.un.org/News/briefings/docs//2009/091022_Quintana.doc.htm Seite 1 von 2

Press Conference by Special Rapporteur on Human Rights in Myanmar 23.10.09 15:56

He added that the Government had recently agreed to his third mission to the country, from
22 to 27 November. The itinerary of the visit would depend on the agenda agreed with the
Government, but one of the issues of interest to him related to serious human rights violations with
regard to the country’s Muslim communities.

To a related question, he described a recent ruling by Myanmar’s Supreme Court with regard
to the situation of Muslims and their right to marry each other. That positive development had been
included in his report.

Asked to comment on reports that provision of food aid in Myanmar was conditional on work,
he said that he had not mentioned that in his report because he had not had any reliable evidence on
that point. But his report did contain information on food assistance. For example, he had spoken
about the tripartite core group, which had effectively addressed the situation after Cyclone Nargis. In
that case, all the aid had reached the people concerned.

Responding to several questions on corporate interests in Myanmar, he said such matters fell
outside his mandate. The United Nations system had a Special Rapporteur who dealt with relationship
between business and human rights. Among other things, that official was setting up a number of
principles on how companies should act with respect to human rights.

When a report asked what were the chances that Myanmar would act on any of Mr.
Quintana’s recommendations, he admitted he was concerned about that, but added that he could not
predict the future. He had to continue working to get results. It was very important for him to visit the
country and have meetings with the authorities concerned. Working on the judiciary, he had met with
the Attorney-General, with whom he had frankly discussed the question of independence. It was also
significant that during his last visit, the Chief Justice had accepted a mission by the Special
Rapporteur on independence of judges and lawyers, which had initially been denied by the
Government.

On sanctions against Myanmar, he said that it was a very important question, which was
addressed in all his discussions with the Government. In his opinion, in some cases, the sanctions
affected not the Government, but the population. It was important to carefully consider what kind of
measures could put real pressure on the regime for the improvement of human rights.

* *** *

For information media • not an official record

http://www.un.org/News/briefings/docs//2009/091022_Quintana.doc.htm Seite 2 von 2